Version Date: December 11, 2023

Attachment 2

PROJECT-SPECIFIC 

TERMS AND CONDITIONS
 

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Project-Specific Terms and Conditions

Table of Contents

ARTICLE 1: PROJECT-SPECIFIC DESIGNATIONS.............................................................................................. 4

1.1 Recipient ....................................................................................................................................... 4

1.2 Project and Purpose...................................................................................................................... 4

1.3 Program Designations................................................................................................................... 4

ARTICLE 2: SPECIAL TERMS AND CONDITIONS ............................................................................................. 5

ARTICLE 3: ADMINISTRATIVE INFORMATION ............................................................................................... 5

3.1 Application .................................................................................................................................... 5

3.2 FRA Awarding Official.................................................................................................................... 5

3.3 Federal Award Date ...................................................................................................................... 5

3.4 Program Name and Assistance Listings Number .......................................................................... 5

3.5 Recipient’s Unique Entity Identifier .............................................................................................. 6

3.6 Federal Award Identification Number .......................................................................................... 6

ARTICLE 4: STATEMENT OF WORK................................................................................................................ 6

4.1 General Project Description.......................................................................................................... 6

4.2 Project Location ............................................................................................................................ 6

4.3 Project Scope ................................................................................................................................ 6

4.4 Implement Required Environmental Commitments................................................................... 10

ARTICLE 5: AWARD DATES AND ESTIMATED PROJECT SCHEDULE ............................................................. 11

5.1 Award Dates................................................................................................................................ 11

5.2 Estimated Project Schedule ........................................................................................................ 11

ARTICLE 6: AWARD AND PROJECT FINANCIAL INFORMATION................................................................... 12

6.1 Award Amount............................................................................................................................ 12

6.2 Federal Obligation Information .................................................................................................. 12

6.3 Federal Authorization and Funding Source. ............................................................................... 12

6.4 Funding Availability..................................................................................................................... 12

6.5 Approved Project Budget............................................................................................................ 12

6.6 Pre-Award Costs.......................................................................................................................... 13

6.7 Phased Funding Agreement........................................................................................................ 14

ARTICLE 7: PERFORMANCE MEASUREMENT INFORMATION ..................................................................... 16
 

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ARTICLE 8: ENVIRONMENTAL COMPLIANCE............................................................................................... 17

ARTICLE 9: CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS.................................................. 18

9.1 Consideration of Climate Change and Environmental Justice Impacts ......................................18

9.2 Supporting Narrative................................................................................................................... 19

ARTICLE 10: RACIAL EQUITY AND BARRIERS TO OPPORTUNITY ................................................................. 20

10.1 Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.......................................20

10.2 Supporting Narrative................................................................................................................... 21

ARTICLE 11: LABOR AND WORK.................................................................................................................. 21

11.1 Efforts to Support Good-Paying Jobs and Strong Labor Standards ............................................21

11.2 Supporting Narrative................................................................................................................... 23
 

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ARTICLE 1: PROJECT-SPECIFIC DESIGNATIONS

1.1 Recipient

This Agreement (Agreement) is between the Federal Railroad Administration (FRA) and the [insert full 

SAM name of Recipient] (the Recipient). 

1.2 Project and Purpose 

The purpose of this award is to fund a [insert grant program] grant for the [insert project name] (the 

Project), as described in Article 4 of this Attachment 2, to help achieve the goals identified in the Notice 

of Funding Opportunity for [include title and citation for NOFO] that solicited applications for Federal 

financial assistance. FRA and the Recipient will accomplish that purpose by timely completing the 

Project and ensuring that this award does not substitute for non-Federal investment in the Project, 

except as proposed in the Application.

Instructions: If this Agreement obligates funds transferred to FRA from another Federal agency, include 

the following, which may need adjustments to accurately describe the funds transfer:

In addition, this Agreement obligates funds for the Project, [under the [name of program and citation], 

and] transferred to FRA from [other agency] for obligation.

1.3 Program Designations 

(a) Research and Development. This award [is/is not] for research and development.

(b) Project Size. This award is for a [Major/non-Major] Project as that term is defined in FRA 

Guidance on Development and Implementation of Railroad Capital Projects, January 11, 2023 

(Railroad Capital Projects Guidance). 

(c) Phased Funding. This award [is/is not] a phased funding agreement as further discussed in 

Section 6.7 of this Attachment 2.

(d) Grant or Cooperative Agreement. This award is made as a [Grant Agreement/Cooperative 

Agreement]. 

(e) Security Risk. This award is for a Project that has a [low/elevated] security risk. 

Note: If the Project scope includes telecommunications technology, including positive train 

control technology, the Project is deemed to have an elevated security risk.

Instructions: For grants under the Consolidated Rail Infrastructure and Safety Improvements (CRISI) and 

Railroad Crossing Elimination (RCE) programs, include the following:

(f) Rural Area. The information the Recipient provided to FRA, including in the Application, 

demonstrates this award [is/is not] for a Project in a Rural Area.
 

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ARTICLE 2: SPECIAL TERMS AND CONDITIONS

Instructions: If there are no special terms and conditions, include the following:

There are no special terms for this award.

Instructions: If there are special terms and conditions, such as program-specific terms for programs that 

are not addressed in Article 26 of Attachment 1 of this Agreement (e.g., Corridor Identification, Research 

and Development grants), or terms associated with funds transferred to FRA for obligation from another 

Federal agency, include them below:

2.1 [Section Header] 

[Add Text]

2.2 [Section Header] 

[Add Text]

ARTICLE 3: ADMINISTRATIVE INFORMATION

3.1 Application 

Application Title: [insert full title of submitted application]

Application Date: [insert the date in box 3 of the SF-424] 

3.2 FRA Awarding Official

FRA Office of Railroad Development

Federal Railroad Administration

1200 New Jersey Ave, SE

Washington, DC 20590

FRA-Grants@dot.gov

3.3 Federal Award Date

The “Federal Award Date” is the effective date of this Agreement, as defined under Section 24.4 of 

Attachment 1 of this Agreement. 

3.4 Program Name and Assistance Listings Number

For the [insert grant program name], the Assistance Listings Number is [X] and the Assistance Listings 

Title is [X]. 

Note: if this Agreement obligates funds transferred to FRA from another agency’s discretionary grant 

program, this Section should also include the program name and assistance listing number for that 

discretionary grant program.
 

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3.5 Recipient’s Unique Entity Identifier

The Recipient’s Unique Entity Identifier, as defined at 2 C.F.R. § 25.415, is listed in Section 1B on the 

Agreement cover sheet.

3.6 Federal Award Identification Number

The Federal Award Identification Number is listed in Section 2 on the Agreement cover sheet as the 

“Agreement Number.” 

ARTICLE 4: STATEMENT OF WORK 

4.1 General Project Description

Instructions: Provide a concise description of the Project funded under this Agreement. Section 4.1 should 

state the objective of the Project and the benefits that that the Project is intended to achieve. Project 

objectives and benefits inform—and should be consistent with—the Performance Measures in Article 7 

of this Attachment 2, Performance Measurement Information. 

4.2 Project Location

Instructions: Provide information related to the geographic scope of the Project and identify important, 

related intercity corridors or service. The Project location should be specific and detailed, including GPS 

location(s) and mileposts, where possible. Planning projects should identify the study area and provide a 

map identifying, at a minimum, the major markets intended to be served. 

4.3 Project Scope

Instructions: In this Section, divide the Project scope into discrete and delineable tasks. If the Project 

funded under this Agreement is part of a larger effort, describe that larger effort, but link tasks 

specifically to the FRA-funded portion of the Project. Clearly define the work to be performed in each task 

and be sure tasks are linked to deliverables and incorporated into the Project Schedule. Use the 

instructions below to develop this Section. 

The Recipient will notify FRA in writing of any requested changes in Project Scope and will not proceed 

with the changed scope unless approved by FRA in writing. If approved, changes to Project Scope may 

require additional environmental review or an amendment to this Agreement. 

Task 1: Project Administration and Management 

Subtask 1.1: Project Administration

Instructions: Identify all Project partners and other entities responsible for implementing the Project. 

Identify all actions the Recipient will perform to ensure the effective management and oversight of the 

Project. 

The Recipient will perform all tasks required for the Project through a coordinated process, which will 

involve affected railroad owners, operators, and funding partners, including:
 

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• [list parties other than the Recipient and identify role] 

• FRA

The Recipient will facilitate the coordination of all activities necessary for implementation of the Project. 

The Recipient will:

• If not held prior to award, include: participate in a Project kickoff meeting with FRA following 

award; 

• complete necessary steps to hire a qualified consultant/contractor to perform required Project 

work, as necessary;

• hold regularly scheduled Project meetings with FRA; 

• inspect and approve work as it is completed; and

• participate in other coordination, as needed. 

Subtask 1.2: Project Management Plan

The Recipient will prepare a Project Management Plan (PMP), that describes how the Project will be 

implemented and monitored to ensure effective, efficient, and safe delivery of the Project on time and 

within budget. The PMP will describe, in detail, the activities and steps necessary to complete the tasks 

outlined in this Statement of Work. 

The PMP will include a Project Schedule and Project Budget for the work to be performed under this 

Agreement. The Project Schedule will be consistent with the Estimated Project Schedule in Section 5.2 of 

this Attachment 2, but provide a greater level of detail. Similarly, the Project Budget should be 

consistent with the Approved Project Budget in Section 6.5 of this Attachment 2, but provide a greater 

level of detail. 

The Recipient will submit the PMP to FRA for review and approval. The Recipient will implement the 

Project as described in the approved PMP. The Recipient will not begin work on subsequent tasks until 

FRA has provided written approval of the PMP, unless FRA has provided pre-award authority for such 

work under Section 6.6 of this Attachment 2. FRA will not reimburse the Recipient for costs incurred in 

contravention of this requirement.

FRA may require the Recipient to update the PMP. The Recipient will submit any such updates to FRA for 

review and approval, and FRA will determine if updates to the PMP require an amendment to this 

Agreement. The Project Budget and Project Schedule may be revised consistent with Article 5 of 

Attachment 1 of this Agreement without amending this Agreement. 

Instructions: For capital projects, as defined in the Notice of Funding Opportunity, include the following: 

The Recipient will identify agreements governing the construction, operation, and maintenance of the 

Project in the PMP. If requested by FRA, the Recipient will provide FRA the final, executed copies of any 

agreements within ten business days of the request. 

The PMP will be consistent with the FRA Guidance on Development and Implementation of Railroad 

Capital Projects (Railroad Capital Projects Guidance) and 49 U.S.C. § 22903, as applicable. 
 

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Note: As identified in the Railroad Capital Projects Guidance, the Project Budget for a capital project 

should be based on a Capital Cost Estimate for the Project. The level of effort required to prepare a 

Capital Cost Estimate varies based on Project cost, scope, and complexity.

For Major Projects and for Non-Major Projects where FRA determines it is appropriate based on Project 

cost, scope, and complexity, FRA will work with the Recipient prior to obligation to develop and 

document expectations and requirements for preparing a Capital Cost Estimate and Financial Plan. These 

may be included under Task 1 of Section 4.3 of this Attachment 2 as separate subtasks and/or 

deliverables. 

Instructions: For all projects, include the following:

Subtask 1.3: Project Closeout 

The Recipient will submit a Final Performance Report as required by Section 7.2 of Attachment 1 of this 

Agreement, which should describe the cumulative activities of the Project, including a complete 

description of the Recipient’s achievements with respect to the Project objectives and milestones. 

Task 1 Deliverables:

Deliverable ID Subtask Deliverable Name

1.1 1.2 Project Management Plan

1.2 1.3 Final Performance Report

Task 2: [Task Title]

Instructions: Provide a description of the task and the deliverables that will be completed under the task.

Task 2 Deliverables:

Instructions: Identify required deliverables to be completed under this task.

Deliverable ID [Subtask] Deliverable Name

2.1 [insert relevant subtask] [insert deliverable name]

[2.2] [insert relevant subtask] [insert deliverable name]
 

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Task 3: [Task Title]

Instructions: Provide a description of the task and the deliverables that will be completed under the task.

Task 3 Deliverables:

Instructions: Identify required deliverables to be completed under this task.

Deliverable ID [Subtask] Deliverable Name

3.1 [insert relevant subtask] [insert deliverable name]

[3.2] [insert relevant subtask] [insert deliverable name]

Additional Task: [Task Title]

Instructions: If the Recipient proposes an Additional Task, in addition to Tasks 1–3, that the Recipient 

may accomplish if there are Project Cost Savings in accordance with Section 5.5 of Attachment 1 of this 

Agreement, FRA will consider factors such as the following, and other factors as determined appropriate 

by FRA, when assessing whether to include an Additional Task: 

• whether the task was included in the Application; 

• the reason the task was excluded from the scope of this Agreement (e.g., insufficient funds); 

• the relationship between the revised scope and the purpose for which the Project was 

selected; 

• the anticipated success of the Project without the Additional Task; 

• the Recipient’s performance under the grant; and/or 

• whether deselecting and reallocating funds would better advance program goals. 

If FRA determines it is appropriate to include an Additional Task, describe the task, deliverables, and 

estimated budget for that Task.

The Recipient will not perform this Task unless: (1) all other work under this Agreement is complete, and 

(2) FRA provides the Recipient with written approval to proceed with this Additional Task in accordance 

with Section 5.5 of Attachment 1 of this Agreement.
 

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Additional Task Deliverables:

Instructions: Identify required deliverables to be completed under this task.

Deliverable ID [Subtask] Deliverable Name

[] [insert relevant subtask] [insert deliverable name]

[] [insert relevant subtask] [insert deliverable name]

Instructions: If no Additional Task is requested or FRA determines it is not appropriate to include an 

Additional Task, include the following:

None. 

4.4 Implement Required Environmental Commitments 

The Recipient will implement the Project consistent with the documents and environmental 

commitments identified below. 

Instructions: To be completed in coordination with an FRA environmental protection specialist. If there 

are environmental commitments in the National Environmental Policy Act (NEPA) decision document, 

Section 106 Programmatic Agreement (PA), or Memorandum of Agreement (MOA), or in other 

documents or correspondence associated with the environmental review for the Project, include and 

complete Table 4-A. 

Table 4-A: Environmental Commitments

Document Type Commitment Reference Document Date

[Categorical Exclusion, Finding 

of No Significant Impact, Record 

of Decision]

[insert reference to section(s) of 

decision where commitment(s) 

are identified]

[insert date of decision]

[insert title of MOA, PA, or 

other document or

correspondence that contains 

environmental commitment(s)]

[insert reference to section(s) of 

document where 

commitment(s) are identified]

[insert date of 

MOA/correspondence] 

Instructions: If there are no environmental commitments for the Project, include the following:

None.
 

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Instructions: If the award is for both Project development and Project implementation lifecycle stages, 

include the following:

The Recipient will implement any environmental commitments identified through the NEPA process 

conducted under Task [insert task number and title]. 

ARTICLE 5: AWARD DATES AND ESTIMATED PROJECT SCHEDULE

5.1 Award Dates

Budget Period End Date: [This is the same as the date in Section 5 on the Agreement cover sheet] 

Period of Performance End Date: [This is the same as the end date in Section 4 of the Agreement cover 

sheet] 

5.2 Estimated Project Schedule

Milestones associated with this Agreement are identified in Table 5-A: Estimated Project Schedule. The 

Recipient will complete these milestones to FRA’s satisfaction by the Schedule Date, subject to Article 5 

of Attachment 1 of this Agreement. The Recipient will notify FRA in writing when it believes it has 

achieved the milestone. 

Note: The Estimated Project Schedule should identify significant milestones in Project advancement, such 

as completion of tasks. It should not include incremental steps toward meeting those milestones, which 

should instead be included in the detailed schedule provided as part of the PMP. Section 5.3 of 

Attachment 1 of this Agreement provides that the Recipient will request an amendment to update the 

Estimated Project Schedule if the Recipient’s estimate for a milestone changes to a date that is more 

than six months after the date listed.

Instructions: Illustrative milestones are identified in the below table. Provide additional or alternative 

milestones as appropriate for the Project. 

Table 5-A: Estimated Project Schedule

Milestone Schedule Date

[Preliminary Engineering Completion] [Insert Date]

[NEPA Completion] [Insert Date]

[Final Design Completion] [Insert Date]

[Construction Substantial Completion] [Insert Date] 
 

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ARTICLE 6: AWARD AND PROJECT FINANCIAL INFORMATION

6.1 Award Amount

Agreement Federal Funds: $[Insert the total amount of Federal funds obligated under this Agreement.] 

Instructions: If the award is a phased funding agreement, also include:

Contingent Commitment: $[insert the total amount of Contingent Commitment in Table 6-D: Contingent 

Commitment by Fiscal Year] 

6.2 Federal Obligation Information

Federal Obligation Type: [Single or Phased]

6.3 Federal Authorization and Funding Source.

Authorizing Statute: [insert statute]

Appropriation: [insert appropriation including fiscal year]

6.4 Funding Availability

Program funding that is obligated under this Agreement remains available until [insert “expended” or 

the date certain after which funding is no longer available].

6.5 Approved Project Budget 

The estimated total Project cost under this Agreement is $[insert amount of total Project cost estimate].

FRA will contribute a maximum of [percent amount] percent of the total Project cost, not to exceed the 

Agreement Federal Funds in Section 6.1 of this Attachment 2. FRA will fund the Project at the lesser 

amount of the Agreement Federal Funds or the FRA maximum contribution percentage of total Project 

costs. 

The Recipient will contribute $[insert amount] in Agreement Non-Federal Funds. Recipient’s Agreement 

Non-Federal Funds are comprised of [insert whether the Recipient is contributing cash contributions and 

the amount, in-kind contribution and the value, or a combination of both]. 

The Recipient will complete the Project to FRA’s satisfaction within the Approved Project Budget, 

subject to Article 5 of Attachment 1 of this Agreement. 

Instructions: Complete Tables 6-A and 6-B to identify the Approved Project Budget by Task and by Source. 

Remove any rows or columns that are not applicable or note in the table that those rows/columns are 

not applicable. Both tables may need to be modified or expanded for more complex projects, or, for 

example, to identify more than one source of non-Federal funds. 
 

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Table 6-A: Approved Project Budget by Task

Task # Task Title

Agreement 

Federal 

Funds

Agreement 

Non-Federal 

Funds

[Other 

Federal 

Funds]

[Other NonFederal 

Funds]

Total

1 

Project 

Administration 

and 

Management

$ $ $ $ $ 

2 $ $ $ $ $ 

Total $ $ $ $ 

Total Project 

Cost:

$ 

Table 6-B: Approved Project Budget by Source

Funding Source Total Amount Percentage of Total 

Project Cost

Federal Share $ % 

Agreement Federal Funds $ % 

[FRA Grant Program] $ % 

[Source 2] $ % 

[Other Federal Funds] $ % 

[Source 1] $ % 

[Source 2] $ % 

Agreement Non-Federal Funds $ % 

[Source 1] $ % 

[Source 2] $ % 

[Other Non-Federal Funds] $ %

[Source 1]

[Source 2]

$ %

$ % 

6.6 Pre-Award Costs 

Instructions: If the Recipient has not incurred advance or pre-award costs, include the following:
 

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None. Consistent with 2 C.F.R. part 200, costs incurred before the date of this Agreement are not 

allowable costs under this award. FRA will neither reimburse those costs under this award nor consider 

them as a non-Federal cost-sharing contribution to this award. 

Instructions: If the Recipient has incurred advance or pre-award costs for the Project consistent with 2 

C.F.R. part 200, include and complete the following:

On [insert date], FRA provided pre-award authority for cost incurrence for the following costs for the 

Project in response to Recipient’s request:

Task 

# Task Name Agreement 

Federal Funds

Agreement 

Non-Federal

Funds 

Total 

Cost

1 $ $ $ 

Total $ $ $ 

The above pre-award costs were necessary for efficient and timely performance of the scope of work 

and were incurred directly pursuant to the negotiation and in anticipation of this Agreement. 

6.7 Phased Funding Agreement

Instructions: If this Agreement is not a phased funding agreement, include the following:

Not applicable.

Instructions: If this Agreement is a phased funding agreement, include the following:

This Agreement is a phased funding agreement under 49 U.S.C. § 24911(g)(2). The maximum amount of 

Federal financial assistance ((49 U.S.C. § 24911(g)(2)(B)(ii)) for the Project will not exceed the maximum 

Federal share (80 percent) of the total costs of the Project (49 U.S.C. § 24911(f)(2)). 

The total amount of funds that may be obligated under this Agreement is $[insert amount], which is the 

sum of the Agreement Federal Funds and the Contingent Commitment identified in Section 6.1 of this 

Attachment 2. 

This Agreement obligates the Agreement Federal Funds, which is the same as the total amount of funds 

described in Table 6-C: Obligation by Fiscal Year. Through this Agreement, FRA agrees to obligate the 

Contingent Commitment pursuant to the terms in Section 6.7. FRA scheduled and allocated the 

Contingent Commitment as described in Table 6-D: Contingent Commitment by Fiscal Year. 

This Agreement does not obligate Federal funds, other than the Agreement Federal Funds identified in 

Section 6.1 of this Attachment 2. The Contingent Commitment is not an obligation of the Government. 

Under this phased funding agreement, the Recipient may incur costs for eligible activities as is 

reasonably necessary to advance the Project prior to obligation of the Contingent Commitment, without 
 

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prejudice to future reimbursement of the costs, to the extent that such costs are incurred in accordance 

with all applicable Federal requirements and this Agreement. 

To request that FRA obligate the scheduled portion of the Contingent Commitment as described in Table 

6-D, the Recipient will request an amendment to this Agreement as provided in Article 15 of Attachment 

1 of this Agreement. The Recipient will not request such an amendment more than once every 12 

months. Such amounts are subject to the terms and conditions of this Agreement upon obligation. 

Unless otherwise determined by the Administrator, FRA’s obligation of all or portions of the Contingent 

Commitment is subject to the availability of Federal funds, program authority, and FRA’s determination 

of satisfactory performance by the Recipient under this Agreement. In assessing performance, FRA will 

consider whether:

(a) the Recipient is in compliance with the terms and conditions of this Agreement;

(b) the Recipient confirms that all statements and representations made in the Federal 

System for Awards Management, in the Application, and in this Agreement are true and 

correct as of the request to obligate contingently committed funds; and

(c) FRA has not terminated this Agreement under Article 10 of Attachment 1 of this 

Agreement nor provided notice of intent to terminate under Article 9 of Attachment 1 of 

this Agreement. 

Instructions: Table 6-C identifies the amounts obligated by fiscal year and the total amounts obligated 

under this Agreement. Table 6-D identifies the anticipated allocation of contingent commitment by 

amount and fiscal year of anticipated appropriation. As funds are obligated and this Agreement is 

amended, the amount and fiscal year should be removed from Table 6-D and added to Table 6-C.

Table 6-C: Obligation by Fiscal Year

Fiscal Year of Funding 

Source Amount

2022 [$XXX] 

Total [$XXX]

Table 6-D: Contingent Commitment by Fiscal Year

Fiscal Year of Appropriation Amount

2022 $0

2023 [$XXX] 

2024 [$XXX] 

2025 [$XXX] 
 

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2026 [$XXX] 

Total [$XXX]

Pursuant to 49 U.S.C. § 24911(g)(2)(C), if the Recipient does not carry out the Project for reasons within 

control of the Recipient, the Recipient will repay all Federal grant funds awarded for the Project from all 

Federal funding sources, for all Project activities, facilities, and equipment, plus reasonable interest and 

penalty charges allowable by law or established in this Agreement. For the avoidance of doubt, this 

clause does not restrict or otherwise limit FRA’s ability to act under Article 9 or 10 of Attachment 1 of 

this Agreement. 

ARTICLE 7: PERFORMANCE MEASUREMENT INFORMATION

Table 7-A: Performance Measurement Table identifies the performance measures that this Project is 

expected to achieve. These performance measures will enable FRA to assess the Recipient’s progress in 

achieving grant program goals and objectives. The Recipient will report on these performance measures 

in accordance with the frequency and duration specified in Table 7-A. 

Upon Project completion, the Recipient will submit reports comparing the actual Project performance of 

the new and or improved asset(s) against the pre-Project (baseline) performance and expected postProject performance as described in Table 7-A. The Recipient will submit the performance measures 

report to the Project Manager in accordance with Table 7-A. 

Table 7-A: Performance Measurement Table

Goal Objective Performance Measure

Description of 

Measure

Measurement Reporting 

Goal 1

Pre-Project (Baseline) 

Performance as of: Frequency:

Expected Post-Project 

Performance: Duration:

Goal 2

Pre-Project (Baseline) 

Performance as of: Frequency:

Expected Post-Project 

Performance: Duration:
 

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Instruction: For construction projects, and other projects where FRA deems it appropriate, include the 

following: 

The Recipient will prepare a Project Outcomes Report pursuant to Section 8.3 of Attachment 1 of this 

Agreement.

ARTICLE 8: ENVIRONMENTAL COMPLIANCE

Instructions: To be completed by an FRA environmental protection specialist to document compliance 

with NEPA prior to obligation. 

If there is no ground disturbance and the award is for (1) the project development stages of a project 

(e.g., planning, preliminary engineering, and/or NEPA); (2) research; or (3) a “full lifecycle” grant, 

provided the award requires notice to proceed to project implementation (e.g., final design or 

construction) after the completion of project development, and FRA has determined a categorical 

exclusion applies, include the language below to identify the applicable categorical exclusion(s). Do not 

use this language for project implementation stages or for ground disturbing activity, including 

geotechnical studies. 

In accordance with the National Environmental Policy Act (NEPA; 42 U.S.C. § 4321 et seq.), other 

environmental statutes, related regulatory requirements, and FRA’s NEPA-implementing regulations (23 

C.F.R. part 771), FRA has determined that the actions funded under this Agreement as described in this

Attachment 2, Section 4.5, Tasks [XX], are categorically excluded from detailed environmental review 

pursuant to 23 C.F.R. § 771.116 (c) [(1), (3), or (8)]. In accordance with Section 106 of the National 

Historic Preservation Act (54 U.S.C. § 306108; 36 C.F.R. part 800), FRA has also determined that the 

actions funded under this Agreement have no potential to cause effects to historic properties. The 

actions do not require the use of property protected by Section 4(f) of the Department of 

Transportation Act (49 U.S.C. § 303; 23 C.F.R. part 774). 

Categorical exclusions (CEs) are actions identified in an agency’s NEPA-implementing procedures that do 

not normally have a significant impact on the environment and therefore do not require either an 

environmental assessment (EA) or environmental impact statement (EIS). See 40 C.F.R. § 1508.1(d). In 

analyzing the applicability of a CE, FRA also considered whether unusual circumstances are present that 

would warrant a more detailed environmental review through the preparation of an EA or EIS. In 

accordance with 23 C.F.R. § 771.116 (a) and (b), FRA has further concluded that no unusual 

circumstances exist with respect to development of the activities funded under this grant that might 

trigger the need for a more detailed environmental review. 

Should conditions or the scope of the action change, the Recipient must notify FRA and receive written 

response and notice to proceed before proceeding. FRA will evaluate whether this determination 

remains applicable or if additional environmental review is necessary.

Instructions: If the award is for (1) project development that involves ground-disturbing activity; or (2) for 

project implementation (e.g., final design, construction, or acquisition), including project implementation 

as part of a full lifecycle grant without a notice to proceed to project implementation, FRA must complete 
 

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the environmental review for the ground-disturbing activity or the final design and construction project 

prior to obligation, and document environmental review completion in the grant agreement using the 

following language: 

FRA signed a [type of environmental document] for this Project on [date] [and a [type of Section 106 

agreement document] on [date]]. The Recipient [is/is not] responsible for complying with environmental 

commitments, such as mitigation measures and/or design features, described in the [type of 

environmental document], as identified in Section 4.4 of this Attachment 2. 

Should conditions or the scope of the action change, the Recipient must notify FRA and receive written 

response and notice to proceed before proceeding. FRA will evaluate whether this determination 

remains applicable or if additional environmental review is necessary.

ARTICLE 9: CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS

9.1 Consideration of Climate Change and Environmental Justice Impacts

Instructions: Insert an “X” in the left column in all applicable rows of the table below. For reach row 

marked, follow the relevant instructions to complete the supporting narrative in Section 9.2 of this 

Attachment 2. FRA expects the Recipient to mark at least one row in Section 9.1, 10.1, or 11.1 of this 

Attachment 2. FRA will work with the Recipient prior to obligation to understand and document the how 

the Recipient has or will consider climate change and environmental justice impacts in developing and 

implementing the Project. 

This Section identifies how the Project addresses climate change and environmental justice priorities. 

The Recipient certifies that rows marked with “X” in the following table are accurate:

The Project directly supports a Local/Regional/State Climate Action Plan that results in 

lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)

The Project directly supports a Local/Regional/State Equitable Development Plan that 

results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative 

below.)

The Project directly supports a Local/Regional/State Energy Baseline Study that results in 

lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)

The Recipient or a Project partner used environmental justice tools, such as the EJSCREEN, 

to minimize adverse impacts of the Project on environmental justice communities. (Identify 

the tool(s) in the supporting narrative below.)

The Project supports a modal shift in freight or passenger movement to reduce emissions 

or reduce induced travel demand. (Describe that shift in the supporting narrative below.)
 

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The Project utilizes demand management strategies to reduce congestion, induced travel 

demand, and greenhouse gas emissions. (Describe those strategies in the supporting 

narrative below.)

The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, 

or both. (Describe the incorporated infrastructure in the supporting narrative below.)

The Project supports the installation of electric vehicle charging stations. (Describe that 

support in the supporting narrative below.)

The Project promotes energy efficiency. (Describe how in the supporting narrative below.)

The Project serves the renewable energy supply chain. (Describe how in the supporting 

narrative below.)

The Project improves disaster preparedness and resiliency. (Describe how in the supporting 

narrative below.)

The Project avoids adverse environmental impacts to air or water quality, wetlands, and 

endangered species, such as through reduction in Clean Air Act criteria pollutants and 

greenhouse gases, improved stormwater management, or improved habitat connectivity. 

(Describe how in the supporting narrative below.)

The Project repairs existing dilapidated or idle infrastructure that is currently causing 

environmental harm. (Describe that infrastructure in the supporting narrative below.)

The Project supports or incorporates the construction of energy- and location-efficient 

buildings. (Describe how in the supporting narrative below.)

The Project includes recycling of materials, use of materials known to reduce or reverse 

carbon emissions, or both. (Describe the materials in the supporting narrative below.)

The Project includes other actions or attributes that address climate change and 

environmental justice. (Describe those actions in the supporting narrative below.)

The Project does not include actions or attributes that address climate change and 

environmental justice but, before beginning construction of the Project, the Recipient will 

take relevant actions described below to address climate change and environmental justice 

impacts of the Project. (Identify the relevant actions in the supporting narrative below.) 

9.2 Supporting Narrative

Instructions: Provide a brief supporting narrative as indicated in the table above. 
 

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20

ARTICLE 10: RACIAL EQUITY AND BARRIERS TO OPPORTUNITY

10.1 Efforts to Improve Racial Equity and Reduce Barriers to Opportunity

Instructions: Insert an “X” in the left column in all applicable rows of the table below. For reach row 

marked, follow the relevant instructions to complete the supporting narrative in Section 10.2 of this 

Attachment 2. FRA expects the Recipient to mark at least one row in Section 9.1, 10.1, or 11.1 of this 

Attachment 2. FRA will work with the Recipient prior to obligation to help the Recipient understand and 

document the how the Recipient has or will consider efforts to improve racial equity and reduce barriers 

to opportunity in developing and implementing the Project.

This Section identifies how the Project addresses efforts to improve racial equity and reduce barriers to 

opportunity. The Recipient certifies that rows marked with “X” in the following table are accurate: 

A racial equity impact analysis has been completed for the Project. (Identify a report on that 

analysis or, if no report was produced, describe the analysis and its results in the supporting 

narrative below.)

The Recipient or a Project partner has adopted an equity and inclusion program/plan or has 

otherwise instituted equity-focused policies related to project procurement, material 

sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity 

in the overall delivery and implementation of the Project. (Identify the relevant programs, 

plans, or policies in the supporting narrative below.)

The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and 

multimodal mobility investments that either redress past barriers to opportunity or that 

proactively create new connections and opportunities for underserved communities that 

are underserved by transportation. (Identify the relevant investments in the supporting 

narrative below.)

The Project includes new or improved walking, biking, and rolling access for individuals with 

disabilities, especially access that reverses the disproportional impacts of crashes on people 

of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the 

supporting narrative below.)

The Project includes new or improved freight access to underserved communities to 

increase access to goods and job opportunities for those underserved communities. 

(Identify the new or improved access in the supporting narrative below.)

The Recipient has taken other actions related to the Project to improve racial equity and 

reduce barriers to opportunity. (Describe those actions in the supporting narrative below.)

The Recipient has not yet taken actions related to the Project to improve racial equity and 

reduce barriers to opportunity but, before beginning construction of the Project, the 

Recipient will take relevant actions described below to improve racial equity and reduce 

barriers to opportunity. (Identify the relevant actions in the supporting narrative below.) 
 

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10.2 Supporting Narrative

Instructions: Provide a brief supporting narrative as indicated in the table above. 

ARTICLE 11: LABOR AND WORK

11.1 Efforts to Support Good-Paying Jobs and Strong Labor Standards

Instructions: Insert an “X” in the left column in all applicable rows of the table below. For each row 

marked, follow the relevant instructions to complete the supporting narrative in Section 11.2 of this 

Attachment 2. FRA expects the Recipient to mark at least one row in Section 9.1, 10.1, or 11.1 of this 

Attachment 2. FRA will work with the Recipient prior to obligation to help the Recipient understand and 

document the how the Recipient has or will consider efforts to support good-paying jobs and strong 

labor standards in developing and implementing the Project.

This Section identifies the Recipient’s efforts to support good-paying jobs and strong labor standards 

related to the Project. The Recipient certifies that rows marked with “X” in the following table are 

accurate: 

The Recipient or a Project partner has adopted the use of project labor agreements in the 

overall delivery and implementation of the Project. (Identify the relevant agreements and 

describe the scope of activities they cover in the supporting narrative below.)

The Recipient or a Project partner has adopted the use of local and economic hiring 

preferences in the overall delivery and implementation of the Project, subject to all 

applicable State and local laws, policies, and procedures. (Describe the relevant provisions 

in the supporting narrative below.)

The Recipient or a Project partner has adopted the use of registered apprenticeships in the 

overall delivery and implementation of the Project. (Describe the use of registered 

apprenticeships in the supporting narrative below.)

The Recipient or a Project partner will provide training and placement programs for 

underrepresented workers in the overall delivery and implementation of the Project. 

(Describe the training programs in the supporting narrative below.)

The Recipient or a Project partner will support free and fair choice to join a union in the 

overall delivery and implementation of the Project by investing in workforce development 

services offered by labor-management training partnerships or setting expectations for 

contractors to develop labor-management training programs. (Describe the workforce 

development services offered by labor-management training partnerships in the supporting 

narrative below.)
 

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22

The Recipient or a Project partner will provide supportive services and cash assistance to 

address systemic barriers to employment to be able to participate and thrive in training and 

employment, including childcare, emergency cash assistance for items such as tools, work 

clothing, application fees and other costs of apprenticeship or required pre-employment 

training, transportation and travel to training and work sites, and services aimed at helping 

to retain underrepresented groups like mentoring, support groups, and peer networking. 

(Describe the supportive services and/or cash assistance provided to trainees and employees 

in the supporting narrative below.)

The Recipient or a Project partner has documented agreements or ordinances in place to 

hire from certain workforce programs that serve underrepresented groups. (Identify the 

relevant agreements and describe the scope of activities they cover in the supporting 

narrative below.)

The Recipient or a Project partner participates in a State/Regional/Local comprehensive 

plan to promote equal opportunity, including removing barriers to hiring and preventing 

harassment on work sites, and that plan demonstrates action to create an inclusive 

environment with a commitment to equal opportunity, including:

a. affirmative efforts to remove barriers to equal employment opportunity above 

and beyond complying with Federal law;

b. proactive partnerships with the U.S. Department of Labor’s Office of Federal 

Contract Compliance Programs to promote compliance with EO 11246 Equal 

Employment Opportunity requirements;

c. no discriminatory use of criminal background screens and affirmative steps to 

recruit and include those with former justice involvement, in accordance with 

the Fair Chance Act and equal opportunity requirements;

d. efforts to prevent harassment based on race, color, religion, sex, sexual 

orientation, gender identity, and national origin;

e. training on anti-harassment and third-party reporting procedures covering 

employees and contractors; and

f. maintaining robust anti-retaliation measures covering employees and 

contractors.

(Describe the equal opportunity plan in the supporting narrative below.)

The Recipient has taken other actions related to the Project to create good-paying jobs with 

the free and fair choice to join a union and incorporate strong labor standards. (Describe 

those actions in the supporting narrative below.)

The Recipient has not yet taken actions related to the Project to create good-paying jobs 

with the free and fair choice to join a union and incorporate strong labor standards but, 

before beginning construction of the Project, will take the relevant actions described below. 

(Identify the relevant actions in the supporting narrative below.) 
 

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11.2 Supporting Narrative

Instructions: Provide a brief supporting narrative as indicated in the table above.

 

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